BILL NUMBER: SB 1269	CHAPTERED  10/10/99

	CHAPTER   599
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 5, 1999
	PASSED THE SENATE   SEPTEMBER 8, 1999
	PASSED THE ASSEMBLY   AUGUST 30, 1999
	AMENDED IN ASSEMBLY   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   JUNE 30, 1999
	AMENDED IN SENATE   MAY 28, 1999
	AMENDED IN SENATE   APRIL 27, 1999

INTRODUCED BY   Senator Alpert

                        FEBRUARY 26, 1999

   An act to amend Section 25249.7 of the Health and Safety Code,
relating to toxic chemicals.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1269, Alpert.   Toxic chemicals:  private enforcement actions.
   The existing Safe Drinking Water and Toxic Enforcement Act of 1986
(Proposition 65) prohibits any person, in the course of doing
business, from knowingly and intentionally exposing any individual to
a chemical known to the state to cause cancer or reproductive
toxicity without giving a specified warning, or from discharging or
releasing such a chemical into any source of drinking water, except
as specified.
   The act imposes civil penalties upon persons who violate those
prohibitions, and provides for the enforcement of those prohibitions
by the Attorney General, a district attorney, or specified city
attorneys or prosecutors, and by any person in the public interest,
if that private action is commenced more than 60 days after the
person has given notice of the violation that is the subject of the
action to the Attorney General, the district attorney, any city
attorney in whose jurisdiction the violation is alleged to have
occurred, and to the alleged violator, and the violation is not being
prosecuted, as specified.
   This bill would require any person bringing an action in the
public interest to notify the Attorney General that such an action
has been filed, and would require such a person, after the action is
either subject to a settlement or a judgment, to submit to the
Attorney General a reporting form that includes the results of that
settlement or judgment and the final disposition of the case.  The
bill would also require a person bringing an action in the public
interest to submit to the Attorney General a report that includes
information on any corrective action being taken as a part of the
settlement or resolution of the case.  The bill would require the
Attorney General to develop a reporting form, for purposes of  these
requirements, that specifies the information to be reported,
including the date the action was filed, the nature of the relief
sought, the amount of the settlement or civil penalty assessed, and
any other information the Attorney General deems appropriate.
   The bill would require the Attorney General to maintain a record
of that information and to make this information available to the
public.
   The bill, in conformance with the requirements of Proposition 65,
would make a legislative finding and declaration that the bill would
further the purposes of the act.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 25249.7 of the Health and Safety Code is
amended to read:
   25249.7.  (a) Any person that violates or threatens to violate
Section 25249.5 or 25249.6 may be enjoined in any court of competent
jurisdiction.
   (b) Any person who has violated Section 25249.5 or 25249.6 shall
be liable for a civil penalty not to exceed two thousand five hundred
dollars ($2,500) per day for each violation in addition to any other
penalty established by law.  That civil penalty may be assessed and
recovered in a civil action brought in any court of competent
jurisdiction.
   (c) Actions pursuant to this section may be brought by the
Attorney General in the name of the people of the State of California
or by any district attorney or by any city attorney of a city having
a population in excess of 750,000 or with the consent of the
district attorney by a city prosecutor in any city or city and county
having a full-time city prosecutor, or as provided in subdivision
(d).
   (d) Actions pursuant to this section may be brought by any person
in the public interest if both of the following requirements are met:

   (1) The private action is commenced more than 60 days from the
date that the person has given notice of an alleged violation of
Section 25249.5 or 25249.6 which is the subject of the private action
to the Attorney General and the district attorney, and any city
attorney or prosecutor in whose jurisdiction the violation is alleged
to have occurred, and to the alleged violator.
   (2) Neither the Attorney General nor any district attorney nor any
city attorney or prosecutor has commenced and is diligently
prosecuting an action against the violation.
   (e) Any person bringing an action in the public interest pursuant
to subdivision (d) shall notify the Attorney General that such an
action has been filed.
   (f) (1) Any person bringing an action in the public interest
pursuant to subdivision (d) shall, after the action is either subject
to a settlement, with or without court approval, or a judgment,
submit to the Attorney General a reporting form that includes the
results of that settlement or judgment, and the final disposition of
the case, even if dismissed.  At the time of the filing of any
judgment pursuant to an action brought in the public interest
pursuant to subdivision (d), the plaintiff shall file an affidavit
verifying that the report required by this subdivision has been
accurately completed and submitted to the Attorney General.
   (2) Any person bringing an action in the public interest pursuant
to subdivision (d) shall, after the action is either subject to a
settlement, with or without court approval, or to a judgment, submit
to the Attorney General a report that includes information on any
corrective action being taken as a part of the settlement or
resolution of the action.
   (3) The Attorney General shall develop a reporting form that
specifies the information that shall be reported, including, but not
limited to, for purposes of subdivision (e), the date the action was
filed, the nature of the relief sought, and for purposes of this
subdivision, the amount of the settlement or civil penalty assessed,
other financial terms of the settlement, and any other information
the Attorney General deems appropriate.
   (g) The Attorney General shall maintain a record of the
information submitted pursuant to subdivisions (e) and (f) and shall
make this information available to the public.
  SEC. 2.  The Legislature hereby finds and declares that this act
furthers the purposes of the Safe Drinking Water and Toxic
Enforcement Act of 1986.
